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ARMY | BCMR | CY2004 | 2004101823C070208
Original file (2004101823C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          28 September 2004
      DOCKET NUMBER:  AR2004101823


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Deyon D. Battle               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Ms. Karen Y. Fletcher             |     |Member               |
|     |Mr. Ronald E. Blakely             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his Certificate of Release or
Discharge (DD Form 214) be amended by deleting the Armed Forces
Expeditionary Medal and including the Meritorious Unit Commendation, the
Meritorious Service Medal, the Kuwait Liberation Medal-K and the Kuwait
Liberation Medal-SA.  He further requests that his DD Form 214 be corrected
to reflect that he is authorized to wear three service stars on his
Southwest Asia Service Medal and three Oak Leaf Clusters on his Army
Commendation Medal.  He also requests that his DD Form 214 be corrected to
show that the was awarded the Driver Badge w/Driver Bar instead of the
Driver Badge w/Mechanic Bar as currently reflected.

2.  The applicant states he was not authorized the Armed Forces
Expeditionary Medal and that it was erroneously included on his DD Form
214.

3.  The applicant provides in support of his application a memorandum for
record dated 23 April 1991, indicating that the applicant was assigned to
the 377th Transportation Company in support of Desert Shield/Storm; a
certificate dated 13 August 1991, awarding him the Army Commendation Medal;
a recommendation for award of the Meritorious Service Medal dated 27
November 1991; Permanent Orders 19-1 dated 2 February 1992, announcing
award of the Meritorious Unit Citation; a memorandum dated 26 November
2003, from his former commander confirming his entitlement to the awards
that he is requesting; a memorandum dated 11 December 1995, from the
Commander of Headquarters, 18th Personnel Services Battalion, to the
Commander, 1st United States Army Support Battalion, authorizing award of
the Kuwait Liberation Medal by the Government of Kuwait; and a portion of
an undated message that provides specific eligibility criteria for the
Kuwait Liberation Medal.

CONSIDERATION OF EVIDENCE:

1.  After completing 5 years, 9 months and 3 days of total active Army
service, he reentered the Army in Jacksonville, Florida, on 25 November
1975, for 4 years, in the pay grade of E-3.  He successfully completed his
training as a heavy vehicle driver.

2.  Upon completion of his training, he was transferred to 598th
Transportation Company in Germany.  He was transferred to Headquarters,
Headquarters Company, 2nd Battalion, Fort Belvoir, Virginia, on 25
September 1980 and to the 62nd Transportation, 70th Ordinance Battalion,
Fort Bliss, Texas on 19 October 1987.  He was transferred to the 377th
Transportation Company, 28th Transportation Battalion, Germany, on
1 October 1989 and on 6 January 1991, he was assigned to the 4th
Transportation Battalion, 16th Corps Support Group, 2nd COSCOM, VII Corps,
for a tour of duty in Southwest Asia, in support of Operation Desert
Shield/Storm.

3.  A review of the records shows that the applicant was serving in the
rank of first sergeant on 27 November 1991, and that immediately before his
retirement, he was recommended for award of the Meritorious Service Medal.
The proposed citation indicates that he was recommended for the award for
meritorious service during his 21-year career.  The recommendation was
signed by all parties concerned and forwarded to the approval authority
with a recommendation for approval.  Although the recommendation fails to
show that the award was ever approved, Part D of the same recommendation
(Orders Data) shows that he was awarded the Meritorious Service Medal in
permanent order number 11-3.

4.  He returned to the Continental United States on 22 May 1991.  In
addition to his three previous awards of the Army Commendation Medal,
Permanent Order Number 68-18 was published on 13 August 1991, awarding the
applicant a fourth Army Commendation Medal for meritorious achievement
while serving as first sergeant during Operation Desert Shield/Storm.

5.  He was honorably released from active duty and he was placed on the
retired list on 29 February 1992.  He had completed 22 years and 8 days of
total active service.

6.  The DD Form 214 that he was furnished at the time of his discharge
shows that he was awarded the Army Commendation Medal w/two Oak Leaf
Clusters, the Army Good Conduct Medal 6th award, the National Defense
Service Medal w/one Service Star, the Armed Forces Expeditionary Medal, the
Multinational Force and Observers Medal w/numeral 2, the Southwest Asia
Service Medal, the Noncommissioned Officers Professional Development Ribbon
w/numeral 3, the Army Service Ribbon, and the Overseas Service Ribbon
w/numeral 4, and the Driver Badge w/Mechanic Bar.

7.  On 2 February 1992, permanent orders number 19-1 were published
awarding the 377th Transportation Company, 28th Transportation Battalion,
the Meritorious Unit Commendation for the period covering 5 December 1990
through 31 May 1991.

8.  In a memorandum dated 26 November 2003, the applicant’s former
commander states that he was awarded the Meritorious Unit Commendation by
Permanent Orders Number 19-1, issued by Headquarters, United States Army
Forces Central Command, Fort McPherson, Georgia on 2 February 1992; that he
was awarded the Meritorious Service Medal by the Commanding Officer,
21st Theater Army Area Command, by Permanent Order Number 11-3; that he was
awarded the Kuwait Liberation Medal – Government of Kuwait, per Department
of the Army message 96-017, dated 9 November 1995; that he was awarded the
Kuwait Liberation Medal by the Kingdom of Saudi Arabia due to the dates
that he served in country during Operations Desert Shield and Desert Storm;
and that, in effect, he is not entitled to the Armed Forces Expeditionary
Medal because of his entitlement to the Southwest Asia Service Medal.

9.  Army Regulation 600-8-22 (Military Awards), in pertinent part, states
that effective 1 March 1961 the Meritorious Unit Commendation was
authorized for units and/or detachments of the Armed Forces of the United
States for exceptionally meritorious conduct in the performance of
outstanding services for at least six continuous months in support of
military operations.

10.  The Meritorious Service Medal was established by Executive Order
11448, 16 January 1969, as amended by Executive Order 12312, 2 July 1981.
It is awarded to any member of the Armed Forces of the United States, or to
any member of the Armed Forces of a friendly foreign nation who, while
serving in a noncombat area after 16 January 1969, has distinguished
himself or herself by outstanding meritorious achievement or service.

11.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia was
approved on 3 January 1992 and is awarded to members of the Armed Forces of
the United States who participated in the Persian Gulf War between
17 January 1991 and 28 February 1991.

12.  The Kuwait Liberation Medal awarded by the Government of Kuwait was
approved on 9 November 1995 and is awarded to members of the Armed Forces
of the United States who participated in the Persian Gulf War between
2 August 1990 and 31 August 1993.

13.  Army Regulation 600-8-22 further provides, in pertinent part, that
service in the Persian Gulf War is to be recognized by award of the
Southwest Asia Service Medal to Army members who participated in Operations
Desert Shield/Desert Storm in the designated area on or after 2 August
1990.  A bronze service star is authorized for the Defense of Saudi Arabia
(2 August 1990 to 16 January 1991), the Liberation and Defense of Kuwait
(17 January to 11 April 1991), and the Cease-fire Campaign (12 April 1991
to 30 October 1995).



14.  Army Regulation 600-8-22 also provides, in pertinent part, for award
of the Armed Forces Expeditionary Medal for qualifying service after 1 July
1958 in U.S. military operations, U.S. operations in direct support of the
United Nations, and U.S. operations of assistance for friendly, foreign
nations.  Qualifying service for this award includes the requirements to:
be a bona fide member in a unit and to be engaged in the operation, or
serve in the area of operations for 30 days; be engaged in direct support
of the operation for 30 consecutive or 60 nonconsecutive days, provided
support involves entering the area of operations; be engaged in combat;
participate as a member of an aircraft flying in support of the operation;
or be recommended or attached to a unit recommended for award of the medal
if the above criteria have not been met.  The designated military operation
and dates of eligibility for this award are from 24 July 1987 through 1
August 1990, for participation in the Persian Gulf in support of Operation
Earnest Will and the geographical limits included the Persian Gulf,
Bahrain, Kuwait, the Gulf of Oman and most of Saudi Arabia.

DISCUSSION AND CONCLUSIONS:

1.  An error was made during the preparation of the applicant’s DD Form
214, which resulted in the Armed Forces Expeditionary Medal being
reflected.  In accordance with the applicable regulation, he was not
authorized award of the Armed Forces Expeditionary Medal for his service in
Southwest and the award should be removed from his DD Form 214.

2.  However, based on the information provided by the applicant and the
documentation contained in his Official Military Personnel File, he was
awarded to the Meritorious Unit Commendation.  Although the orders were not
published until a later date, he was assigned to the 377th Transportation
Company during the timeframe cited in the Permanent Orders 19-1.  His DD
Form 214 should be amended to reflect his award.

3.  Based on his dates of participation in the Persian Gulf and the
information that he provided, the applicant was also awarded the Kuwait
Liberation Medals by the Government of Kuwait and by the Kingdom of Saudi
Arabia and his DD Form 214 should be amended accordingly.

4.  The applicant was recommended for award of the Meritorious Service
Medal on 27 November 1991.  The evidence of record clearly shows that he
was recommended for the award based on meritorious service during his 21-
year career and that the recommendation was forwarded through his chain of


command for approval just prior to his retirement.  The recommendation
shows and his former commander states that he was awarded the Meritorious
Service Medal in Permanent Orders Number 11-3 and it is reasonable to
presume that he was in fact, awarded the Meritorious Service Medal prior to
his retirement from the Army.

5.  The applicant was awarded his fourth Army Commendation Medal on
13 August 1991, for his service during Operation Desert Shield/Storm;
therefore, his DD Form 214 should be amended to show that he is authorized
to wear a third Oak Leaf Cluster on his Army Commendation Medal.

6.  The applicant’s DD Form 214 shows that he was awarded the Southwest
Asia Service Medal for his participation in the Persian Gulf.  However, the
bronze service stars that he was furnished to reflect the campaigns in
which he served have been erroneously omitted and his DD Form 214 should be
corrected to reflect his service stars.

7.  Additionally, the applicant’s DD Form 214 shows that he was awarded the
Driver Badge w/Mechanic Bar which is the improper name for the badge that
he was awarded.  Therefore, his DD Form 214 should be corrected to show
that he was awarded the Driver and Mechanic Badge w/Driver-W Bar (for
wheeled vehicles).

BOARD VOTE:

__fe____  __kyf___  __reb___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by:

      a)  amending his DD Form 214 to show that he was awarded the
Meritorious Unit Commendation; the Meritorious Service Medal; the Kuwait
Liberation Medal, awarded by the Kingdom of Saudi Arabia; the Kuwait
Liberation Medal, awarded by the Government of Kuwait; Southwest Asia
Service Medal w/three bronze service stars; the Army Commendation Medal w/3
Oak Leaf Clusters; the Driver and Mechanic Badge w/Driver-W Bar; and

      b)  removing the Armed Forces Expeditionary Medal from his DD Form
214.



                 Fred Eichorn
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004101823                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040928                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000.0000/DECORATIONS & AWARDS      |
|2.  63                  |107.0017.0000/MSM                       |
|3.  66                  |107.0020.0000/ARCOM                     |
|4.  80                  |107.0034.0000/MUC                       |
|5.  118                 |107.0072.0000/AFEM                      |
|6.  135                 |107.0089.0000/KLM                       |


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